Williams v. Johnson

Citations

• 112 Ill. 61
• 1 N.E. 274

Syllabus

<p>1. Will—subsequently acquired estate—whether it will pass by will— a will construed in that regard. In this State, property acquired by a testator subsequent to the making of his will, may pass thereby without a re-publication of the will. It is only a question of intention whether subsequently acquired real estate shall pass, or not.</p> <p>2. A testatrix, by her will, requested her administrator to pay her grandson out of her means not more than $300, and if at the end of three years he had not made a good use of it, to let him have no more, and bequeathed to her niece $1000, after which she expressed a desire to have a sale made of her personal effects, and her debts first paid out of the proceeds and other personal effects. The will then provided: “I do not want my administrator to pay H. H. W. [the grandson] only six hundred dollars in all, if he does do well with it; and I want the balance of my means to go to the relief of the Affican Kansas Breed Men’s Association, with the exception of what it may cost to procure a grave stone for, ” etc.: Held, that the real estate acquired by the testatrix after making her will did not pass under the general words, “the balance of my means,” and that such real estate descended as intestate property to her heir at law.</p>